· 10/27/1995
United States v. Eunice Arnetta Harris Sparks
Citations
- 67 F.3d 1145
- 1995 U.S. App. LEXIS 30840
- 1995 WL 630995
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a district court need not consider all six Moore factors and that the third, fifth, and sixth are secondary
- holding that if facts sur- rounding defendant's alleged defense are inadequate as a matter of law, counsel cannot be considered ineffective under Moore
- noting that it is not necessary for district court to consider all six Moore factors
- holding “that an intent to deceive is simply irrelevant to the defendant’s guilt” under section 1014
- noting that withdrawal of plea “almost invariably” results in judicial waste and prejudice to Government
- noting that the remaining Moore factors “are better understood as countervailing considerations that establish how heavily the [Rule 11] presumption [of finality of the guilty plea] should weigh in any given case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ervin, Butzner, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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